Discretion Of A Judge

AlAW100 – The Legal System
Consider the extent to which settle hand dexterity in the application of precedent.

Subject: Law
Tutor: Mrs. Franklyn
Date: twenty-s level offth October 2009
The Doctrine of Judicial Precedent is the process whereby courts and judges espouse and apply the principles of previously decided fortunes to the case at hand, when the facts ar similar. In the early days of Judicial Precedent the tenet was rather ineffective since judges were only influenced by the decisions in previous cases, but were not bound by them. This was in general because judges considered their judgments to be purely declaratory since common legality was mostly based on general custom .As the years passed Judicial Precedent became more developed and was satisfactory to progress. This growth was made possible by the development of printing and the progress in the standards of reporting. Therefore eventually making it mandatory for judges and courts in the modern doctrine of Judicial Precedent to be bound by the decisions of previous cases, even if they considered the decisions to be blind drunk or unreasonable.
When it comes to Judicial Discretion this concerns to the judges ability to have freedom of
choice when ruling a case. With the Literal tackle judges slang’t have any discretion.



This is
because with this come up they are not allowed to interpret statute, since it entails that they
take the ’ enunciate for word’ or plain meaning of the statute and apply it to the case, even if
they don‘t agree with it. Therefore, in a case where a statute is unclear or ambiguous,
judges don’t have the option of applying which interpretation makes the greater smell if a
word had two meanings, like they would be able to do if they applied the Golden Rule, or
the ability to refer to evidence outside of the statue to discover what mischief the statute
was think to remedy, like the Mischief Rule would allow them to do. Consequently in
some instances this rule may...If you want to get a serious essay, order it on our website: Ordercustompaper.com



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